Man sentenced in shooting incident
TOWANDA - A Troy man was sentenced on Monday to four to 23 1/2 months in jail for aiming and shooting a handgun near a Towanda man's feet last November.
In addition to the jail term, 33-year-old Joshua Andrew Harry was ordered to pay a $1,000 fine as well as applicable costs, including a $40-per-month supervision fee.
On June 13, Harry had pleaded guilty to the second-degree misdemeanor of reckless endangerment with a deadly weapon in connection with the shooting incident.
At his sentencing, which occurred in Bradford County Court, Harry was given credit for 46 days' time served.
At the sentencing, Senior Judge John B. Leete ordered that the remaining charges against Harry be dismissed, which were simple assault and a second count of reckless endangerment.
The shooting incident occurred at approximately 11:28 p.m. on Nov. 1, when Harry fired a .45-caliber automatic handgun near the feet of Erin Stroud outside Stroud's home on North Main Street.
At the time, Harry was dating Stroud's wife, Crystal Stroud, according to the Towanda police. Seven months prior to the shooting incident, Crystal Stroud had filed for divorce, but court records indicate that the divorce has not occurred.
During Monday's sentencing hearing, Judge Leete said that Harry has a "history of meth abuse."
Leete said he did not know if Harry's use of methamphetamine was a factor in the shooting.
"There is no indication that it was a factor," the judge added.
As part of his sentencing, Harry was ordered to undergo both an evaluation for drug and alcohol abuse and a mental health evaluation and comply with all of recommendations for treatment that result from the evaluations.
On Nov. 7, the Commonwealth withdrew an aggravated assault charge that had been lodged against Harry in connection with the shooting incident.
The aggravated assault charge was withdrawn because an affidavit filed by the Towanda police in Towanda District Court established that the shots fired by Harry were not aimed at or intended to hit Stroud, Bradford County District Attorney Dan Barrett has said.
The aggravated assault charge "didn't apply to the facts of the case," Barrett has said.
"The shooting in these circumstances was a serious offense, but not aggravated assault," the district attorney has said. "Aggravated assault requires either intent to injure or actual injury."
Harry had told the police that just before the shooting, he and Erin Stroud had gotten into an argument and that Erin Stroud had approached him and had started to "puff up," according to the Towanda police.
Harry told the police that at that point, Stroud was four feet away from him and that he warned Stroud to get away, according to the police.
Harry told police that when Erin Stroud refused to leave, he pulled out his gun, pointed it at the ground, and fired two shots, according to the police.
Harry told the police that he had fired the gun "near" Erin Stroud, but not "at" him, according to police.
On Jan. 9, Harry had also pleaded guilty to a third-degree misdemeanor charge of harassment for sending a threatening text message to Erin Stroud. Harry sent the text message seven weeks after the shooting incident.
Harry was sentenced to pay a fine and court costs totalling $380.50 for the conviction on the harassment charge, according to the Towanda District Court.
James Loewenstein can be reached at (570) 265-1633; or email: firstname.lastname@example.org.